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bessiedressie · Apr 16, 2011, 06:03 PM

My sister, the excecutor of mothers estate, and she passed away jan 5th 2010, mother left original will 1998, amended2005. reason for amended will? Mother purchased manufactured home in 2005. Mother let her sister live there with "right of survivorship". After her death, manufactured home becomes the property of {myself}. There were two wills drawn up. The first will was stored in a strong box whioch mother left locked in her bedroom. The second will was left in the possession of the author of the first will, an attorney. Immediately after my mothers passing in 2010, my sister grabbed "strong box" and took it home with her. Then she went to the bank vault and signed out for second will. She took mboth wills home and read them. In the amended will she saw where mother left manufactured home totally to me. Sistere did not like what she read so she devised a plan whereby second (amended) will suddenly came up lost!! Original will splits everything 50/50. What can I do if anything??

Thank you for your help

cdad · Apr 16, 2011, 06:17 PM

Unless you know who wrote up the second will like a lawyer or some legal aid then you have no way of disputing what is in the "primary" first will. Are there any witnesses to the will? Who else had signed it ?

ScottGem · Apr 16, 2011, 06:24 PM

You said the second will was left with an attorney, then you say it was in a safety deposit box in the bank. If you can't get your story straight, how do you think a court will?

If the second will was drawn up by an attorney then you contact that attorney to testify as to the existence and contents of the second will.

Fr_Chuck · Apr 16, 2011, 06:35 PM

If done by an attorney, it would also be in his office.

Also, if the deed ( or title) of the mobile home is written with your name and her name with "right of survival there is no need to do anything except submit a death certificate and get a new deed or title, if done properly it will pass from her to you without going though probate and your sister has nothing to do.

So is the title ( or deed) written under both names ? If so, what is the exact wording and where is it located ?

joypulv · Apr 17, 2011, 05:44 AM

It sounds like OP's aunt had right to live in the home until she died, and died in the last 15 months? Either that or 'Mother let her sister live there' was supposed to be 'my sister.'
Even if there was a second will in a strong box or a bank, the lawyer keeps a copy forever, and if he retires or dies or moves far away, it goes to another lawyer. But it's your job to track it down.
Please clarify some of this confusion using Answer below.